RIVALLI & RIVALLI

The parties to this proceeding were Mr. Rivalli (the husband) and Ms. Rivalli (the wife). The dispute concerned orders made on 1 December 2017, which the husband sought to stay pending the disposition of his notice of appeal. The matter came before Foster J.

The primary legal issues before the court were whether to grant a stay of certain orders made on 1 December 2017, and to vary the timing for the husband's compliance with an order concerning a property at B Street, Suburb C. The court was also required to determine the wife's interim rights to the property, including its sole use and occupation, and the payment of associated outgoings.

Foster J ordered that the orders of 1 December 2017 be stayed pending further order or the disposition of the husband's appeal. The court extended the time for the husband's compliance with a specific order to 4.00 pm on 2 March 2018, after which he was restrained from approaching or entering the property. Pending further order, the wife was granted sole use and occupation of the property from 4.00 pm on 2 March 2018, with an obligation to pay outgoings and mortgage payments. The court also provided for the issuance of a Warrant for Possession in favour of the wife should the husband default in his compliance with the extended timeline.